Additional Information on Some Paragraphs of the Final Notes Related to the 3Rd Periodic

Additional information on some paragraphs of the final notes related to the 3rd periodic report with regard to implementation of the “International Covenant on Civil and Political Rights” by the Government of the Republicof Azerbaijan

- The number of extradition requested to the State in the last five years, by which States, and the number of cases in which extradition was refused.

The breakdown of requests with regard to the extradition (except CIS countries) of the accused persons made to the Ministry of Justice was as follows: in 2007 – 4 requests, in 2008 – 2 requests, in 2009 – 1 request, in 2010 – 13 requests, and in 2011- 2 requests. In 2008, due to expiration of the period within which the criminal proceeding had to be initiated against the accused person, the extradition request received from the United Kingdom of Great Britain and Northern Ireland was declined.

- The progresses realized for the implementation of the “AzerbaijanState Program for Development Justice System for 2009-2013 years” and for the adoption of draft law on protection of rights and freedoms of sentenced persons.

In order to conform the detention conditionsto international standards in 2011 repair and construction works took place in 15 penitentiary institutions.

Moreover, the construction of new penitentiary institutions, which conform to contemporary standards, has been continued. The work on completion of construction and operation of Baku Pre-trial Detention is being carried out. The construction of mixed regime penitentiary institutions in Ganja and Lankaran, penitentiary institutions for women and underaged children, Prison Complex in Umbaki district is being continued. The complex of mixed regime penitentiary institution constructed in Shaki will be ready for usage this year. The draft task on construction of mixed regime penitentiary institution which will be built in Kurdamir region has been prepared and introduced to relevant bodies.

With regard to execution of the Presidential Order dated 25 June 2011 on the application of the Law “About amendments to the Code of Execution of Punishments of the Republic of Azerbaijan” dated 31 May 2011, numbered 138-IVQD applications were made to district and city executive bodies with request to allot the land for the construction of 25 new station type penitentiary institutions.

In order to improve logistical resources of penitentiary institutions, in 2011 24 hour CCTV system was established in 4 institutions, digital wireless connection was established in 7 institutions and in 3 institutions the repairing work had been conducted on camera control systems which were already in use. Moreover, in order to organize computer and English courses the language laboratories were established in 2 institutions.

With a view of widening the rights of people detained in the penitentiary institutions, including those who serve life imprisonments, international experience is being taken into account in order to study the areas of the legislation that needsimprovement. Besides, preparation of proposals is being carried out.

It should be noted that the draft Law on “Protection of rights and freedoms of prisoners” is at the last review stage of the Parliament. At the same time, by taking into account the recommendation of the European Committee on prevention of tortures, who visited our country in December of 2011, we have put forward further proposals; thus, the document has been further improved.

Moreover,“The National Action Programme in the field of increasing the effectiveness of the protection of human rights and freedoms in the Republic of Azerbaijan” was approved by the Order of the President of the Republic of Azerbaijan in 27 December 2011.

By developing the concept of state activities in the field of protection of human rights, the mechanism of the conducting, implementing, coordinating, monitoring and assessment of a number of measures in different directions and the main purposes were defined in National Action Programme.

This document envisages the following issues: the continuation of measures in the direction of improvement of detention conditions of accused and sentenced persons and conformation of the regimes to international standards; the attraction of attention of community, NGOs to the correction process of the sentenced persons and application of public control mechanism; organization of learning of UN CPT and its Optional Protocol’s requirements by the employees of law enforcement bodies; and other issues.

- Creation of a mechanism allowing aliens who claim that their forced removal would put them at risk of torture or ill-treatment to file an appeal with suspensive effect; and the actual content of the diplomatic assurances applied during the extradition process to countries where persons would be put at risk to suffer torture or ill-treatments.

According to Article 3.2of the “Law on extradition of people who have committed crimes” dated 15 May 2001, the requested country can deny the extradition when there is a sufficient basis for supposition that in requesting country the person about whom the extradition request has been made will be subjected to torture, inhumane treatment or punishment; or persecuted for his race, nationality, religion, citizenship, political views or sex.

In its extradition request letters the Ministry of Justice of the Republic of Azerbaijan guarantees that the person who will be extradited will not be exposed to torture, inhumane treatment or punishment, and it also ensures that the extradition request does not carry any political, racial, sexual, national and religious purposes; besides, after the extradition the accused person will be provided with defense lawyer and interpreter.

The Ministry of Justice of the Republic of Azerbaijan

-The measures taken to effectively protect media workers against attempts on their integrity and life.

The equality of rights and freedoms, the protection of the personal immunity, the honor and dignity, the rights of voting, freedom of information, thought and expression of any person in the territory of theRepublicof Azerbaijan are guaranteed. A responsibility was defined by Article 163 of the Criminal Code of the Republic ofAzerbaijanwith regard to any form ofobstacle to implementation of professional obligations by the representatives of mass media and legal professional activity of journalists without considering their political position and press authority which they represent.

The necessary measures are being taken by the government in order to provide safety of each person, including journalists and if a crime is committed against them legal proceedings will be instituted and investigation will be carried out by a relevant law-enforcement agency in accordance with the requirements of the procedural legislation.

The necessary measures are being implemented in the field of strengthening mutual relations with civil society and improvement of cooperation relations with the representatives of mass media for the purpose of providing public security.

The round table talks were recently held in many regions of the Republic by the Ministry of Internal Affairs together with “Journalists in extreme conditions” Public Union and OSCE Office in Baku, Azerbaijan within the framework of “the improvement of police and media relations” project.

The aim of these events is to open a new stage of relations between law enforcement officials and journalists from the point of view of quality and improve the opportunity of press representatives with regard to obtaining information from police as well.

The close and business relations have emerged between the Ministry of Internal Affairs and the Press Council. Three officials of the Ministry of Internal Affairs being member of a Commission of the Press Council on considering applications and complaints take an active part in investigating the cases resulted impediment to journalists in their professional activity.

The special vests with a sticker “PRESS” thereon were prepared under financial support of the OSCE Office in Baku, Azerbaijan and have been distributed to the representatives of media authorities’members of the Press Council. This creates an opportunity to the journalists to engage in their professional activity, deliver and spread over necessary information efficiently in extreme conditions and mass demonstrations.

The numerous inquiries and applications received from local and foreign mass media are efficiently considered and comprehensively answered by the Press Service of the Ministry of Internal Affairs and placed in the official website of the Ministry.

-The number of foreigners or internally displaced persons registered during last 5 years.

During 2006-2011 years 238.054 registration certificates were issued by police authorities to foreigners applying for temporarily (more than 30 days) live in the territory of the Republic ofAzerbaijan.

According to the 6th paragraph of the Regulations approved under decision No.32 of the Cabinet of Ministers of the Republic of Azerbaijan dated January 15, 1993 the State Committee on Affairs of Refugees and Internally Displaced Persons of the Republic of Azerbaijanorganizes registration of refugees and internally displaced persons on the regions and cities ofAzerbaijan.

With regard to systematically non-provision ofaudio and video equipment and keeping conditions in police stations(11th paragraph)we hereby inform you that the right of an investigator to capture video and audio, take photos by using technical means during implementation of procedural actions and interrogation of an accused person is defined by Articles 232-234 of the Criminal Procedural Code of the Republic of Azerbaijan.

During the last 5 years, 26 temporary detention centers under police authorities, detention center for administrative arrests in Baku city and temporary isolation ward for juveniles were reconstructed and the capital reconstruction worksare underway in other centers.

Furthermore, the signalization equipments of 64 detention centers were replaced with new ones;the modern video control system was installed in 61 detention centers.

During 2010-2011 years523 monitoringshave been held in temporary detention centers of police authorities by UN representatives, relevant commissions of the Council of Europe, the International Committee of the Red Cross,the Commissioner for Human Rights of the Republic of Azerbaijan (Ombudsman) and the Azerbaijani Committee against Tortures.

It should be mentioned that during the last 5years the different disciplinary measures have been taken against 1068 officials with regard to ill-treatment to citizens, bringing to police without any substantial reason, detention, calling into account, as well as conducting illegal search.

An active participation of employees of Ministry of Internal Affairs is provided in workshops, trainings and conferences organized by the international organizations in our country and abroad as well. Thus, during the last 4 years, approximately 800 policemen participated in about 60 events dedicated to prevention of torture and inhuman or degrading treatment or punishment within the framework of observance of the human rights.

The Ministry of Internal Affairsof the Republic of Azerbaijan

- The number of extradition requested to the State in the last five years, by which States, and the number of cases in which extradition was refused.

Over the past five years (2007-2011) 156 surveysfor extradition were received from CIS countries and 65 of them are still pending solution.

-The number of cases in which the victims of torture or ill-treatment were compensated during the last five years, and the nature of the reparations that were provided.

During past five years there were not any personswho faced with ill-treatments or tortures.

- The progress realized for the implementation of the “AzerbaijanState Program for Development Justice System for 2009-2013 years” and for the adoption of draft law on protection of rights and freedoms of sentenced persons.

As it was mentioned above "The National Action Programme in the field of increasing the effectiveness of human rights and freedoms" was approved by theDecree of the President of the Republic of Azerbaijan, dated December 27, 2011.

In accordance withparagraph 1.2.2 of the program in order to ensure the legality of the keepingin custody of the arrested persons it is planned to prepare the project on amendments and additions tothe Criminal Procedural Code of the Republic of Azerbaijan. Besides, In accordance with paragraph 2.11 of the program it is planned to take some measures regarding constructionof new penitentiary facilities in order to improve the keeping conditions of persons deprived of liberty. General Prosecutor's Office of the Republic of Azerbaijan has been defined as the executive body in this field.

In accordance with paragraph 1.2.3 of the National Action Program in order to ensure the rights of persons to be extradited it is planned to prepare amendments and additions to the Criminal Procedural Code of the Republic of Azerbaijan,to finalize works on preparation ofthe Migration Code of the Republic of Azerbaijanin order to ensure the rights of migrants in accordance with paragraph 1.2.8, to prepare proposals in order to improve legislation aiming at elimination of criminal liability for defamationreferred to in paragraph 1.2.7.

According to Presidential Decree dated January 13, 2009,the Commissioner for Human Rights of the Republic of Azerbaijan (Ombudsman) has been defined as a national preventive mechanism which stipulated in the Optional Protocol to the “Convention against Torture and other cruel, inhuman or degrading treatment or punishment".

In accordance with National Action Program a number of awareness measures regarding the implementation of “Convention against Torture and other cruel, inhuman or degrading treatment or punishment" and its Optional Protocol have been carried out.

Taking into accountthe requirements of abovementioned international documents a number of measures have been carried out, especially, the comprehensive plan of actions were approved by the Order named “The duties of the prosecutor offices’ in connection with the accession of the Republic of Azerbaijan to the “Convention against Torture and other cruel, inhuman or degrading treatment or punishment” dated 14 February 2003.

In order to improve the experience of prosecutors in accordance with the requirements of the Order titled “Consideration of the provisions of European Convention on the Protection of Human Rights and Fundamental Freedoms and case law of the European Court of Human Rights” dated 01.12.2006 the decisions on the appeals concerning thetorture and other cruel, inhuman or degrading treatment has been an object of regular study.

Moreover, in order to establish specialized expert group which will provide the implementation of provisions of main European conventions in the activities of prosecutorial authorities the Order on “the effective implementation of prosecutorial authorities’ duties which comes from the obligations of international treaties to which the Republic of Azerbaijan is a party” has been signed on 12 November 2010. This isone of the most important activities that have been carried out in this area.

To ensure the implementation of abovementioned order a decree was signed on Prosecutor General's Office on 18 of November 2011, and in accordance with its paragraph 1.4 a group of experts on international treaties in the field of fight against torture and other degrading, inhuman actionwas set up. This group composed of officials of different departments of the Prosecutor General's Office.

-The measures taken to effectively protect media workers against attempts on their integrity and life;

The provision of“Impending journalists in their legal professional activities by forcing them to disseminate or refuse to disseminate information, with use of violence or with threat of its application”has been set forth in Article 163 of the Criminal Code of the Republic of Azerbaijan.

Moreover, on the basis of the requirements of order 10/70 regarding the Prosecutor General's Office no illegal detainments has been revealed in temporarily custody houses belonging to the Ministry of Internal Affairs. During the inspection of custody houses, a special attention have been attachedto detaining conditions ensuring that the conditions meet the required norms.

In this regard,according to Article 27 of the “Law on the legal status of foreigners and stateless persons”when a serious violation of provisions of this legislation has taken place, as well as in other cases provided for in the Law of the Republic of Azerbaijan, foreigners and stateless persons without immigrant status as defined by the legislation of the Republic ofAzerbaijan in accordancewith a decision of relevant executive bodies or courts can be taken out beyond the borders of the Republic of Azerbaijan. These rules are being regulated by relevant state executive body of the Republic of Azerbaijan.

The foreigners and stateless persons who have no immigrant status have to leave the territory of the Republic of Azerbaijan within the period defined according to the decision on the expulsion. The foreigners and stateless personswho have no immigrant statusthat refuses to leave the territory of the Republic of Azerbaijanis arrested on the basis of the decision of the court and in a mandatory form takenout beyond the borders of the Republic of Azerbaijan. The decision ondeportation of the foreigners and stateless persons with non-immigrant status out of the borders of the Republic of Azerbaijan could be complained against at the court. The complaint does not stop the execution of the decision. According to the regulations, foreigners and stateless persons who are obliged to be taken out of the boundaries of the Republic of Azerbaijan should be registered. In accordance with Article 52 of the Criminal Code of the Republic of Azerbaijan, foreigners and stateless persons may be forced to leave the Republic of Azerbaijan. If foreigner or a stateless person with non-immigrant status is considered to be victims of human trafficking, he could not betaken beyond the borders of the Republic of Azerbaijan in an administrative manner for a year. Upon completion of this period, if the foreigner or a stateless personprovides assistance to law enforcement bodies, in connection with the crime of human trafficking, the decision on withdrawal is not executing till the investigation of crime is finished. Children who are victims of human trafficking are nottaken beyond the boundaries of the Republic of Azerbaijan in an administrative manner. Foreigners and stateless persons who are considered to be taken out of the boundaries of the Republic of Azerbaijan can be voluntarily placed at the illegal migrant center ofrelevant executive state bodies until implementation of the decision.

In accordance with Article 13of the “Law on immigration of the Republic of Azerbaijan”, immigrant status is liquidated in cases provided in the Code on Administrative Offences of the Republic of Azerbaijan with regard to the foreigners and stateless persons that taken outside the boundaries of the Republic of Azerbaijan by the administrative order. The decision about the deprivation of immigration status of a foreigner or stateless persons and expulsion from the territory of the Republic of Azerbaijan is accepted by the court.